Attachment 12 Amendment 2 to PWS 70Z03823RB2000006.docx

DRAFT

70Z03823RB2000006

Amendment 2 Performance Work Statement Contractor Furnished Material Attachment 12

Description The contractor shall furnish the parts identified in Table 1 to the USCG at no additional cost for use until the expiration of this contract on August 31, 2023, unless extended in accordance with FAR 52.217-8. The parts will be distributed between the locations specified in Table 2.

The parts shall be used by the USCG only for the purpose of reading and downloading data from engine Digital Electronic Control Unit (DECU). The use of tooling shall in no case relate to the conception and the internal structure of the parts.

Term of Contractor Furnished Material The parts shall be furnished until the expiration of this contract on August 31, 2023. However, the USCG and contractor may agree that the term of the contractor furnished material be extended. If that occurs a modification shall be completed to extend the period of time.

Use of Parts The USCG in no case shall:

1. Open or disassemble the PROPERTY in any manner whatsoever;

2. Perform any mechanical, electrical or electronic modifications, alterations or additions to the parts without prior written consent of the contractor;

3. Remove or interfere with any marks affixed to the parts;

4. Sell, assign mortgage, let or hire or otherwise dispose of the parts or part of it with possession of the parts or any part of it thereof;

5. Use the parts or permit the parts to be used or operated in any manner contrary to any statutory provision or regulation or in any way contrary to law;

6. Use the parts or permit the partsto be used or operated for any other purpose than the purpose stated above.

7. The USCG shall use the property within the purpose and shall not lend the property to any third party without the contractor’s prior written consent.

Shipping Parts to USCG The contractor shall handle all handling, packaging, transportation and shipping costs for the delivery of the parts to the delivery point. The contractor shall be in compliance with all customs requirements of the contractors country as such requirements relate to invoicing, country of origin marking, packaging, and any other required certificates or restrictions. In no event, shall the contractor be liable in the event any authorization is delayed, denied, revoked, restricted or not renewed, or in the event of delivery delay, and shall be relieved of any obligations under the contractor furnished material.

The parts shall be shipped to the following address:

THE UNITED STATES COAST GUARD

Aviation Logistics Center SRR Aircraft Division BLDG 75 Elizabeth City, North Carolina 27909 USA Attention:

The USCG shall inspect promptly the parts after its receipt and notify the contractor in writing within ten (10) business days, of the discovery any defect or damage to the parts listed in Table 1. The USCG shall certify that the parts are fully operational.

Shipping Parts to the Contractor The USCG shall handle all handling, packaging, transportation and shipping costs for the delivery of the parts to the contractor. The USCG shall be in compliance with all customs requirements of the contractors country as such requirements relate to invoicing, country of origin marking, packaging, and any other required certificates or restrictions. In no event, shall the USCG be liable in the event any authorization is delayed, denied, revoked, restricted or not renewed, or in the event of delivery delay, and shall be relieved of any obligations under the contractor furnished material.

Parts shall be shipped back to the following address:

SAFRAN HELICOPTER ENGINES USA, INC.

2709 N Forum Drive____________________ Grand Prairie, Texas 75052 USA___________ Attention: Michael Martin_______________

The contractor shall inspect promptly the parts after its receipt and notify the USCG in writing within ten (10) business days, of the discovery any defect or damage to the parts listed in Table 1. The contractor shall certify that the parts are fully operational.

Parts Not Shipped Back Timely & Maintaining Parts Should the parts and or the documentation not be returned within sixty (60) days of written notice, the contractor shall be entitled to invoice the USCG for the selling price of the parts. Also, if there is damage to any of the parts, the USCG shall be responsible for paying for the replacement of the parts.

The USCG shall at all times properly maintain and care for the parts and shall be liable for any loss, damage or destruction to the contractor for the parts furnished. The USCG shall be responsible for returning the parts to the contractor in as good condition as when received except for reasonable wear and tear, as identified above. The USCG shall inform the contractor immediately of any loss, damage or destruction.

Consequently, the contractor shall be liable for any damage that may arise due to the parts being shipped to the USCG. The contractor shall take reasonable precautions so that the parts to ensure they are safe from any possible damage (including but not limited to damage, destruction) as well as from any seizure or any other event which could reduce its value.

The replacement value of the contractor furnished material is $7,440.76 USD (2019 EC) for each Polybox and $10,025.86 USD (2019 EC) for each Harness. Pricing to be adjusted to current Economic Conditions in January of each year.

Title for Parts The title and rights to the parts shall remain in the possession of the contractor at all times. The USCG shall have no right, title or interest to any of the parts listed in Table 1. The contractor at its expense keep the parts free and clear from any and all claims, liens, encumbrances and legal processes of the contractor creditors.

Warranty The parts are supplied on an “as is basis”. The contractor makes neither any representation nor gives any warranty of any kind such as to the fitness of the parts (including the software if applicable) for its intended use by USCG and USCG hereby declares that it accepts the parts (including the software if applicable) “as is”.

The USCG agrees to make use of the parts, pursuant to the purpose, at its sole risks and costs. The USCG shall indemnify, and defend any claim or action brought against contractor at its own expense and hold contractor harmless from and against any and all costs, loss and liability for any claims of bodily injury, personal injury or property damage, and third party loss or damages arising out of or related to USCG’s possession or use of the parts (including negligence and/or tort liability) other than as a result of contractor’s gross negligence or willful misconduct.

In no event shall the contractor be liable to USCG for any reason for special, incidental or consequential damages (such as loss of use, lost revenues, lost profits or loss of prospective economic advantage), whether arising in contract (including warranty), tort (whether or not arising from the negligence of the contractor) or otherwise, that the USCG may itself suffer, resulting from the non-conformance or defect in the parts.

Table 1

Table 2

Elisabeth City (ALC)

AS/SFO PORT ANGELES

ATC MOBILE

AS ATLANTIC CITY

AS BARBERS POINT

AS BORINQUEN

AS CORPUS CHRISTI

AS DETROIT

AS HITRON

AS HOUSTON

AS KODIAK

AS MIAMI

AS NEW ORLEANS

AS SAN FRANCISCO

AS SAVANNAH

SECTOR HUMBOLDT BAY

SECTOR NORTH BEND

Distribution Statement A: Available for Public Release. Distribution is unlimited.